1. Organiser, scope of application and agreement of the conditions of participation
1.1 These conditions of participation apply to participation in the "Presale Competition" (hereinafter "competition").
1.2 The aforementioned competition is organised and carried out by Surftown GmbH (hereinafter "SURFTOWN®", "we" or "us"). Notifications to Surftown GmbH, Geretsrieder Straße 10a, 81379 Munich, will be sent by e-mail to the following e-mail address: contact@surftown.de
1.3 By participating in the competition, you expressly and bindingly recognise these conditions of participation.
2. Eligibility to participate
2.1 All natural persons who have reached the age of 18 are eligible to participate. Minors under the age of 18 are excluded from participation. Prizes will not be distributed to minors.
2.2 Employees of SURFTOWN® and employees of the participating prize sponsors and all persons who are or were involved in the realisation of the competition are excluded from participation. The same applies to first and second-degree relatives (Section 15 of the German Tax Code) of these persons and their cohabiting partners.
2.3 Each person may only take part in the competition once. Multiple entries are not permitted.
2.4 The participant is responsible for the accuracy of the data provided (e.g., e-mail address or postal address).
3. Participation and procedure of the competition
3.1 The registration phase for the competition starts immediately and the competition ends on 31 December 2023 at 23:59 (CET) at the latest. If our limited presale packages are sold out at an earlier date, the competition will end with the sale of the last presale package.
3.2 In order to participate in the competition, you must have purchased one of the three limited presale packages (Package 10, Package 25 or Package 50) on http://www.surftown.de during the period in which the competition takes place. By purchasing a presale package, you automatically take part in the competition, unless you have already been registered as a participant in the competition.
3.3 Closing date: The relevant date is the electronically recorded time of your purchase in the SURFTOWN® Shop (http://www.surftown.de). Later purchases or purchases made by other means cannot be taken into account.
3.4 After the closing date (with the sale of the presale packages or at the latest on 31 December 2023 at 23:59), the winners will be drawn by lot. Each participant can only win once.
3.5 Persons who are eligible to participate in the competition in accordance with clause 2 and who have fulfilled all the necessary participation requirements (hereinafter "participants") have an equal chance and the fundamental possibility of being selected.
4. Win in the competition
4.1 The following prizes will be raffled off among all participants (hereinafter "prizes").
- One week in the PURESURFCAMPS Sri Lanka surf house, directly on the beach for 2 people incl. CONDOR flight. The brand new beachfront surf camp, directly at the spot incl. food, yoga, 2x surf guiding or course/day, TukTuk spot shuttle, 5x yoga and much more! All information at: https://www.puresurfcamps.com/surfcamps/sri-lanka/beachfront-surfcamp-sri-lanka/
Dates freely selectable according to availability. Trip non-refundable, no vouchers, non-transferable. Extension week can be booked optionally.
- An "O2 can do" branded surfboard from the brand Buster.
- Two Rip Curl Flashbomb Fusion wetsuits. One men's and one women's version.
- Ten Oakley Hydra sunglasses.
- A TUDOR Surfpackage with TUDOR Insulated Bootle, Cap, Key ring, Dry Bag and Adventure Towel.
- A GoPro HERO12 surf set.
- Two Dyson Supersonic hair dryers.
- One Oktoberfest table for 10 people in the Hofbräu festival tent during the Oktoberfest 2024 including consumption (two beer and one chicken token per person). Date subject to availability.
- One pair of tickets for a PENNY DEL home game of EHC Red Bull Munich in January 2024 and a Red Bulls fan scarf. Date subject to availability.
- 30 MasterCard GotBags.
4.2 A cash payment of the prize value or an exchange of the prize is excluded. The prize claim is not transferable.
4.3 The prize presented may differ from the pictorial or verbal presentation. Deviations are possible, in particular in the model, colour and equipment, etc. SURFTOWN® or its co-operation partners or the prize sponsor may select an item of medium type and quality equivalent to the item offered as a prize.
4.4 The non-cash prize will be sent to the winner free of charge.
4.5 Prizes in kind may be delivered directly by the prize sponsor or by a third party authorised by the prize sponsor to the address provided by the winner. Delivery will regularly take place 4 (four) weeks after receipt of the prize notification. However, this period is not binding and may be reasonably extended depending on the circumstances.
4.6 Prizes in kind will not be paid out in cash. If the prize is no longer available, the winner will receive an equivalent replacement from the respective prize sponsor.
4.7 In the case of location-based prizes, the winner must bear the costs of travelling to and from the relevant location, unless expressly stated otherwise in the competition.
4.8 In the case of time-limited prizes, the timely delivery of the prize does not constitute a primary service of SURFTOWN®.
5. Exclusion of participants
SURFTOWN® reserves the right to exclude participants from taking part in the competition. This applies in particular to culpable violations of the conditions of participation, e.g., by providing false information or if participants manipulate or attempt to manipulate the participation process or the game or use other dishonest means. Please note that we are not obliged to provide evidence and that indications of misuse are sufficient for exclusion.
6. Exclusion from the distribution of prizes
If SURFTOWN® or the prize sponsor subsequently establishes that the participant has realised a reason leading to exclusion within the meaning of Clause 5 or was not entitled to participate within the meaning of Clause 2, SURFTOWN® or the prize sponsor is entitled to subsequently withdraw the prize from the participant concerned and reclaim it.
7. Publication of names
SURFTOWN® is authorised to publicly announce your full name as the winner on its online platforms (including social media) or those of its cooperation partners, in particular the prize sponsors. Publication is not notification of a win and does not constitute a claim to receive a prize.
8. Cancellation of the competition, force majeure
8.1 SURFTOWN® reserves the right to cancel or terminate the competition at any time without prior notice. This applies in particular in the event of force majeure or if, for other organisational, technical or legal reasons, SURFTOWN® is unable to guarantee or continue the proper running of the competition. SURFTOWN® expressly reserves the right to claim damages in the event that the cancellation was caused by the behaviour of a participant.
8.2 If, in the event of force majeure, SURFTOWN® is unable to fulfil its obligation to the winner temporarily or at the time originally specified, the winner shall not be entitled to fulfilment at the time originally specified. The prize will be paid out when the temporary impediment has ceased to exist. If SURFTOWN® is ultimately unable to fulfil its obligation to the winner in the event of force majeure, the winner's claim to the prize shall lapse. SURFTOWN® shall not be liable for any expenses incurred in vain by the winner in anticipation of the prize payout, costs incurred or other damages.
8.3 Force majeure refers to an unforeseeable, unavoidable and extraordinary event. Such an event shall include, but not be limited to, war, riots or assassinations, terror warnings, bomb threats, strikes or lockouts, natural disasters or fire, danger to life and limb, severe weather, epidemics, pandemics or quarantine, serious accidents, government measures or other official interventions and all similar circumstances.
9. Warranty
9.1 Prizes provided in accordance with an offer from co-operation partners or prize sponsors are only offered by SURFTOWN® on their behalf. In such cases, SURFTOWN® is not responsible for the timely and complete distribution of the prize or for material or legal defects or for the insolvency of the co-operation partner and the resulting consequences for the competition.
9.2 Obvious defects in the prize must be reported within 14 days of delivery of the prize by SURFTOWN® or the co-operation partners and prize sponsors, insofar as they provide the prize. Timely dispatch of the notification is sufficient to comply with the deadline for complaints.
9.3 SURFTOWN® does not guarantee that all links and references made in the context of the competition are correct or complete.
9.4 In all other respects, the statutory warranty provisions shall apply, insofar as these are applicable, whereby the liability-limiting provisions pursuant to clause 10 shall apply in the event of the assertion of claims for damages.
10. Liability
10.1 SURFTOWN® is not liable for false information that is expressed and disseminated by you and/or third parties, including any prize sponsors, in connection with the competition.
10.2 The following provisions apply to the liability of SURFTOWN® or the prize sponsor as well as to the liability of the respective employees, vicarious agents and assistants - irrespective of the legal grounds:
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Liability is unlimited for willful and grossly negligent breaches of duty, for damages resulting from injury to life, limb or health, for claims arising from the Product Liability Act and in the event of the assumption of a guarantee.
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In the event of a breach of essential contractual obligations, i.e., those obligations whose fulfilment is essential for the proper execution of the competition and on whose compliance the participant regularly relies and may rely (so-called cardinal obligations), liability shall also be assumed for slightly negligent breaches of duty, but the amount of liability shall be limited to the damage typical for the contract and typically foreseeable at the time of conclusion of the contract. In the case of a competition with several prizes, the foreseeable damage typical for the contract is limited to the amount corresponding to the simple value of the main prize, and in the case of a competition with one prize to the amount corresponding to the simple value of this prize. Liability is otherwise excluded.
10.3 You are obliged to take appropriate measures to minimise the damage.
10.4 Clauses 10.1 to 10.3 apply accordingly to the liability of SURFTOWN® and its vicarious agents or the prize sponsor and its vicarious agents for any wasted expenditure on your part.
11. Ratio of oral information/written conditions of participation
If the content of verbal information in connection with the prizes of the competition deviates from these conditions of participation, the provisions of the conditions of participation shall apply exclusively with regard to the deviating information.
12. Amendment of the conditions of participation
SURFTOWN® reserves the right to change these conditions of participation.
13. Other regulations for the implementation and handling of the competition
13.1 As the winner, you will be notified by SURFTOWN® or the cooperation partner or prize sponsor in text form and/or by telephone after the end of the competition. By participating in the competition, you recognise the right of SURFTOWN® to contact you for the further implementation of the competition (e.g., to notify you of the prize). The claim to the prize only arises upon notification. In the event of an undeliverable prize notification, SURFTOWN® is not obliged to make any further enquiries.
13.2 SURFTOWN® will ask you as the winner in the prize notification to confirm receipt of the prize notification and to provide SURFTOWN® with any additional information required for the delivery of the prize, in particular a delivery address to which your prize can be delivered. You must provide your correct postal address or telephone number. The claim to the prize will be forfeited if you do not provide the requested information within 21 days of notification of the prize and are responsible for this. In such a case, SURFTOWN® is authorised to determine a new winner by means of a new selection. Shorter deadlines may also apply for prizes that are time-bound.
14. Data protection
Please note that we process your data for the purpose of drawing the winners and publishing the names of the winners on the basis of Article 6 para. 1 sentence 1 lit. b. GDPR. The data protection provisions of Surftown GmbH also apply, to which we refer you for all further information on data protection.
15 Legal recourse, written form requirement, choice of language, deviations
15.1 Legal recourse is excluded with regard to the drawing of the winners.
15.2 Deviations from these conditions of participation must be made in writing to be effective. The same applies with regard to the cancellation of the written form requirement.
15.3 For reasons of better readability, no gender-specific differentiation has been made in the conditions of participation.
15.4 Should the meaning of any provision of this English translation of the conditions of participation deviate from the German language version or should any other difficulties of interpretation arise, the German text of our conditions of participation and its interpretation shall prevail over this English translation.
16. Competition provider
Surftown GmbH
Geretsrieder Street 10a
81379 Munich
Commercial register: HRB 257371
Register court: Munich Local Court
Represented by:
Christian Boehm-Tettelbach
Status: November 2023; subject to change.
